La salvaguardia delle attività tradizionali nei c.d. "locali storici"

The papers aims at examining the power executed by the Municipality to define a constrain in positive on the so called “historical places”, thus promoting the prosecution of specific trade and artisan activities which belong to the cultural tradition and represent an identity factor for the community.The main issues relating to such a solution are constitutional in nature considering that the obligation to continue a certain activity in a specific building may be in contrast with both the owner property right and the freedom of economic initiative.
Nevertheless, a different interpretation of art no. 52, c. 1-bis, d.lgs. n. 42/2004 is possible, in line with art. 9 of the Italian Constitution and the intangible cultural heritage. According to this interpretation, the Municipality, in agreement with the Superintendency, disposes of the legal tools to place stringent conditions on historical places, which substantially consent the continuation of a unique artisan activity.